J o u r n a l o f t h e H o u s e
FORTIETH DAY
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HALL OF THE HOUSE OF REPRESENTATIVES
TOPEKA, KAN., Tuesday, March 11, 1997, 10:30 a.m.
The House met pursuant to adjournment with Speaker pro tem Wagle in the
chair.
The roll was called with 122 members present.
Reps. J. Long, O'Neal and Packer were excused on excused absence by the
Speaker.
Prayer by guest chaplain: Father Thomas Momberg, Trinity Episcopal Church,
Lawrence, and guest of Rep. Flower:
Let us pray. Holy and gracious God, we come before you today with deep
gratitude, which is at the heart of all our prayers. As deliberations
begin in this hall, we offer thanks and praise for all that you have done
for us.
We thank you today for the splendor of the whole creation, for the
beauty of this world, for the wonder of life, and for the mystery of love.
We thank you for the women and men who have made this country and this
state strong.
We thank you for the torch of liberty which has been lit all over this
land, especially here in Kansas.
We thank you for the blessing of family and friends, and for the loving
care that surrounds us on every side.
We thank you for setting us at tasks, today and every day, which demand
our best efforts, and for leading us to accomplishments which satisfy and
delight us.
We thank you also for those disappointments and failures that lead us to
acknowledge our very real dependence on you alone.
Help us today to give thanks to you in all things. Help us also to take
our deepest needs and turn them over to you in prayer. We ask all this in
your Name. Amen.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as
indicated:
Appropriations: HB 2517, 2518, 2519.
Governmental Organization and Elections: HB 2521.
Judiciary: HB 2522.
To be referred: HB 2520.
CHANGE OF REFERENCE
Speaker pro tem Wagle announced the withdrawal of SB 3 from Committee
on Insurance and referral to Committee on Business, Commerce and Labor.
CONSENT CALENDAR
No objection was made to SB 135 appearing on the Consent Calendar for
the first day.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONSHB 2159, An act enacting the personal and family protection act;
providing for licensure to carry certain concealed weapons; prohibiting
certain acts and prescribing penalties for violations; amending K.S.A. 1996
Supp. 12-4516, 21-4201 and 21-4619 and repealing the existing sections, was
considered on final action.
392 JOURNAL OF THE HOUSE
On roll call, the vote was: Yeas 78; Nays 44; Present but not voting 0;
Absent or not voting 3.
Yeas: Aurand, Ballou, Beggs, Bradley, Burroughs, Campbell, Carmody,
Compton, Cox, Dahl, Dean, Dillon, Edmonds, Empson, Faber, Farmer, Feuerborn,
Flower, Franklin, Freeborn, Garner, Geringer, Gilmore, Glasscock, Grant,
Gregory, Hayzlett, Holmes, Horst, Howell, Humerickhouse, Hutchins, Jennison,
Johnson, Kejr, Phill Kline, Landwehr, Lloyd, P. Long, Mason, Mayans, Mays,
McClure, McCreary, McKechnie, McKinney, Minor, Mollenkamp, Morrison, Myers,
Neufeld, Nichols, O'Connor, Osborne, Palmer, Pauls, Powell, Powers, Ruff,
Sawyer, Schwartz, Shallenburger, Sharp, Shore, Sloan, Spangler, Swenson,
Tanner, Thimesch, Toplikar, Vickrey, Vining, Wagle, Weber, Weiland,
Welshimer, Wilk, Wilson.
Nays: Adkins, Alldritt, Allen, Ballard, Benlon, Boston, Correll, Crow,
Dreher, Findley, Flaharty, Flora, Gilbert, Haley, Helgerson, Henderson,
Henry, Huff, Johnston, Kirk, Klein, Phil Kline, Krehbiel, Kuether, Lane,
Larkin, E. Peterson, J. Peterson, Phelps, Pottorff, Presta, Ray, Reardon,
Reinhardt, Samuelson, Showalter, Shriver, Shultz, Stone, Storm, Toelkes,
Tomlinson, Wells, Wempe.
Present but not voting: None.
Absent or not voting: J. Long, O'Neal, Packer.
The bill passed, as amended.
EXPLANATIONS OF VOTE
Mr. Speaker: It's hypocritical to preach Peace/non-violence to our children
and come home from work unbuckling shoulder harnesses and unloading purses.
Similarly, to profess Faith in church on Sunday morning and that afternoon
adopt violence. Long ago another ``David'' wrote of his Faith: ``Yea, though
I walk through the valley of the Shadow of Death . . . I will fear no
evil.''
As Representative of the most statistically violent District in Kansas, I
know that people are already injured/killed by needless/senseless violence.
But my Faith instructs ``those who live by the sword . . .'' Real men
don't measure their manhood by their magnums. I vote no on HB
2159.--David Haley
Mr. Speaker: I vote no on HB 2159. I support giving law abiding
citizens the
right to defend themselves, but HB 2159 is a poorly written bill. The
bill would steal away the rights of the citizens of Wichita and other local
municipalities and counties to write certain public safety ordinances. As
written, HB 2159 represents more of a danger to society than an
assistance to crime-fighting.--Douglas Johnston
On motion of Rep. Jennison, the House went into Committee of the Whole,
with Rep. Freeborn in the chair.
COMMITTEE OF THE WHOLE
On motion of Rep. Freeborn, Committee of the Whole report, as follows, was
adopted:
Recommended that committee report to HB 2107 be adopted; also, on
motion of Rep. Franklin be amended on page 1, in line 25, before the colon by
inserting ``unless otherwise specifically provided, upon'';
On page 5, in line 30, by striking ``and''; in line 33, before the period
by inserting ``; and
(u) the gross receipts received from sales of food for human consumption
which shall be taxed at the rate of 3.9% on and after July 1, 1997, but
before July 1, 1999, 2.9% on and after July 1, 1999, but before July 1, 2001,
1.9% on and after July 1, 2001, but before July 1, 2003, .9% on and after
July 1, 2003, but before July 1, 2005, and all such sales shall be exempt
thereafter. As used in this subsection, ``food for human consumption'' means
only that food which is eligible for purchase with food stamps issued by the
United States department of agriculture pursuant to regulations in effect on
January 1, 1997, regardless of whether the retailer from which the food is
purchased is participating in the food stamp program. Such phrase shall not
include: (1) Meals prepared for immediate consumption on or off the premises
of the retailer; or (2) food sold through vending machines'';
On page 16, after line 27, by inserting a new section to read as follows:
``New Sec. 3. On and after October 16, 2006, the provisions of K.S.A.
79-3632 through 79-3639, and amendments thereto, shall expire.'';
March 11, 1997 393
By renumbering existing sections accordingly;
Also, on motion of Rep. Shriver HB 2107 be amended on page 16, after
line 27, by inserting a new section to read as follows:
``Sec. 3. K.S.A. 1996 Supp. 12-188 is hereby amended to read as follows:
12-188. The following classes of cities are hereby established for the
purpose of imposing limitations and prohibitions upon the levying of sales
and excise taxes or taxes in the nature of an excise upon sales or transfers
of personal or real property or the use thereof, or the rendering or
furnishing of services by cities as authorized and provided by article 12,
section 5, of the constitution of the state of Kansas:
Class A cities. All cities in the state of Kansas which have the authority
to levy and collect excise taxes or taxes in the nature of an excise upon the
sales or transfers of personal or real property or the use thereof, or the
rendering or furnishing of services by cities.
Class B cities. All cities in the state of Kansas having a population of
more than 1,000 but less than 2,000 located in a county having a population
of more than 150,000 but less than 175,000 which has the authority to levy
and collect excise taxes or taxes in the nature of an excise upon the sales
or transfers of personal or real property or the use thereof, or the
rendering or furnishing of services.
Class C cities. All cities in the state of Kansas having a population of
more than 290,000 located in a county having a population of more than
350,000 which has the authority to levy and collect excise taxes or taxes in
the nature of an excise upon the sales or transfers of personal or real
property or the use thereof, or the rendering or furnishing of services.
Class D cities. All cities in the state of Kansas located in Cowley,
Ellis, Ellsworth, Labette or Montgomery county or in both Riley and
Pottawatomie counties which have the authority to levy and collect excise
taxes or taxes in the nature of an excise upon the sales or transfers of
personal or real property or the use thereof, or the rendering or furnishing
of services.'';
By renumbering existing sections accordingly;
Also, on page 16, in line 28, after ``Supp.'' by inserting ``12-188,'';
In the title, in line 15, after the semicolon, by inserting ``classifying
cities for such purposes;''; in line 16, after ``Supp.'' by inserting
``12-188,'';
Also, on motion of Rep. Vickrey to amend HB 2107, the motion did not
prevail.
Also, on motion of Rep. Larkin HB 2107 be amended on page 15, in line
34, by striking the second ``and''; in line 40, after the semicolon by
inserting ``and''; after line 40, by inserting the following:
``(6) the Kansas chapters of the Alzheimer's Disease and Related Disorders
Association, Inc. for the purpose of providing assistance and support to
persons in Kansas with Alzheimer's disease, and their families and
caregivers;'';
Also, on further motion of Rep. Larkin HB 2107 be amended on page 2,
in line 29, before the semicolon by inserting ``, or by accommodation
brokers, as defined by K.S.A. 121692, and amendments thereto'';
On page 16, after line 27 by inserting four new sections to read as
follows:
``Sec. 3. K.S.A. 1996 Supp. 12-1692 is hereby amended to read as follows:
12-1692. As used in this act, the following words and phrases shall have the
meanings respectively ascribed to them herein:
(a) ``Person'' means an individual, firm, partnership, corporation, joint
venture or other association of persons;
(b) ``Hotel, motel or tourist court'' means any structure or building
which contains rooms furnished for the purposes of providing lodging, which
may or may not also provide meals, entertainment or various other personal
services to transient guests, and which is kept, used, maintained, advertised
or held out to the public as a place where sleeping accommodations are sought
for pay or compensation by transient or permanent guests and having more than
two bedrooms furnished for the accommodation of such guests;
(c) ``Transient guest'' means a person who occupies a room in a hotel,
motel or tourist court for not more than 28 consecutive days;
(d) ``Business'' means any person engaged in the business of renting,
leasing or letting living quarters, sleeping accommodations, rooms or a part
thereof in connection with any motel, hotel or tourist court; and
394 JOURNAL OF THE HOUSE
(e) ``Convention and tourism promotion'' means: (1) Activities to attract
visitors into the community through marketing efforts, including advertising,
directed to at least one of the five basic convention and tourism market
segments consisting of group tours, pleasure travelers, association meetings
and conventions, trade shows and corporate meetings and travel; and (2)
support of those activities and organizations which encourage increased
lodging facility occupancy.; and
(f) ``Accommodations broker'' means any business which maintains an
inventory of two or more rooms in one or more locations which are offered for
pay to a person or persons for not more than 28 consecutive days.
Sec. 4. K.S.A. 12-1693 is hereby amended to read as follows: 12-1693. (a)
In order to provide revenues to promote tourism and conventions, the
governing body of any county having a population of more than 300,000 or the
governing body of any city, all or any portion of which is located within
such county, is hereby authorized to levy a transient guest tax at not to
exceed the rate of 2% upon the gross receipts derived from or paid
directly or through an accommodations broker by transient guests for
sleeping accommodations in any hotel, motel or tourist court. The percentage
of such tax shall be determined by the governing body levying the same and
shall be specified in the resolution authorizing the same.
(b) Any transient guest tax levied pursuant to this section shall be based
on the gross rental receipts collected by any business or accommodations
broker.
(c) The taxes levied pursuant to this section shall be paid by the
consumer or user to the business and it shall be the duty of each and every
business to collect from the consumer or user the full amount of any such
tax, or an amount equal as nearly as possible or practicable to the average
equivalent thereto. Each business collecting any of the taxes levied
hereunder shall be responsible for paying over the same to the state
department of revenue in the manner prescribed by K.S.A. 12-1694, and
amendments thereto, and the state department of revenue shall administer and
enforce the collection of such taxes.
(d) A transient guest tax authorized by this section shall not be levied
until:
(1) The governing body of such county has either passed, or has received
from the governing body of any city within such county, a resolution calling
for an election for approval by the qualified electors of a transient guest
tax;
(2) the governing body of the county has notified all of the incorporated
cities, all or any portion of which are located within such county, of the
intent to call such election. Incorporated cities, all or any portion of
which are located within such county, shall have the option to decline
participation in such election within 30 days of the date of such
notification. The governing body of the county shall have the option to
decline participation in such election within the same 30 day period as
provided to incorporated cities, in which case individual cities may hold
separate elections to submit the proposition to the qualified electors of
such city and such propositions, if approved, would have force only in cities
adopting the tax. If the governing body of the county resolves to participate
in such election, it shall submit such proposition for approval by the
qualified electors of the unincorporated portions of such county and all
incorporated cities within such county which have not declined participation
in the election; and
(3) the governing body of the county or, if the county declines to hold
such election, the governing body of the city, has given notice of its
intention to submit any such proposition for approval by the qualified
electors in the manner required by K.S.A. 10-120, and amendments thereto, for
giving notice of elections for the issuance of bonds. The notice shall state
the time of the election and the rate and effective date of the proposed tax.
If a majority of the votes cast and counted on any such proposition are not
in favor thereof, such proposition may be resubmitted under the conditions
and in the manner provided herein. If a majority of the votes cast and
counted on any such proposition are in favor thereof, the governing body of
the county or city shall provide by resolution for the levy of such tax. Any
repeal of such tax or any reduction or increase in the rate thereof shall be
accomplished in the manner provided herein for the adoption and approval of
such tax.
(e) The collection of any county transient guest tax authorized at a
primary or general election or a transient guest tax levied by a city
authorized at a city primary or general election shall commence on the first
day of the calendar quarter next following the 30th day
March 11, 1997 395
after the date of the election authorizing the levy of such tax. The
collection of any transient guest tax of a county or city approved at any
other election shall commence on the first day of the calendar quarter next
following the 60th day after the date of the election authorizing the levy of
such tax.
Sec. 5. K.S.A. 1996 Supp. 12-1696 is hereby amended to read as follows:
12-1696. As used in this act, the following words and phrases shall have the
meanings respectively ascribed to them herein:
(a) ``Person'' means an individual, firm, partnership, corporation, joint
venture or other association of persons;
(b) ``Hotel, motel or tourist court'' means any structure or building
which contains rooms furnished for the purposes of providing lodging, which
may or may not also provide meals, entertainment or various other personal
services to transient guests, and which is kept, used, maintained, advertised
or held out to the public as a place where sleeping accommodations are sought
for pay or compensation by transient or permanent guests and having more than
two bedrooms furnished for the accommodation of such guests;
(c) ``Transient guest'' means a person who occupies a room in a hotel,
motel or tourist court for not more than 28 consecutive days;
(d) ``Business'' means any person engaged in the business of renting,
leasing or letting living quarters, sleeping accommodations, rooms or a part
thereof in connection with any motel, hotel or tourist court; and
(e) ``Convention and tourism promotion'' means: (1) Activities to attract
visitors into the community through marketing efforts, including advertising,
directed to at least one of the five basic convention and tourism market
segments consisting of group tours, pleasure travelers, association meetings
and conventions, trade shows and corporate meetings and travel; and (2)
support of those activities and organizations which encourage increased
lodging facility occupancy.; and
(f) ``Accommodations broker'' means any business which maintains an
inventory of two or more rooms in one or more locations which are offered for
pay to a person or persons for not more than 28 consecutive days.
Sec. 6. K.S.A. 12-1697 is hereby amended to read as follows: 12-1697. (a)
In order to provide revenues to promote tourism and conventions, the
governing body of any county or the governing body of any city is hereby
authorized to levy a transient guest tax at not to exceed the rate of 2% upon
the gross receipts derived from or paid directly or through an
accommodations broker by transient guests for sleeping accommodations,
exclusive of charges for incidental services or facilities, in any hotel,
motel or tourist court. The percentage of such tax shall be determined by the
board of county commissioners or the city governing body and shall be
specified in the resolution or ordinance authorizing the same.
(b) Any transient guest tax levied pursuant to this section shall be based
on the gross rental receipts collected by any business or accommodations
broker.
(c) The taxes levied pursuant to this section shall be paid by the
consumer or user to the business and it shall be the duty of each and every
business to collect from the consumer or user the full amount of any such
tax, or an amount equal as nearly as possible or practicable to the average
equivalent thereto. Each business collecting any of the taxes levied
hereunder shall be responsible for paying over the same to the state
department of revenue in the manner prescribed by K.S.A. 12-1698, and
amendments thereto, and the state department of revenue shall administer and
enforce the collection of such taxes.
(d) A transient guest tax authorized by this section shall not be levied
until the governing body of such county or city has passed a resolution or
ordinance authorizing the same.
(e) The collection of any county or city transient guest tax authorized to
be levied pursuant to this section shall commence on the first day of the
calendar quarter next following the 30th day after the date of the receipt by
the department of revenue of the resolution or ordinance authorizing the levy
of such tax.
By renumbering existing sections accordingly:
Also, on page 16, in line 28, by striking ``1996 Supp.'' and inserting
``12-1693 and 12-1697 and K.S.A. 1996 Supp. 12-1692, 12-1696,'';
396 JOURNAL OF THE HOUSE
In the title, in line 15, after the semicolon by inserting ``defining
accommodations broker and imposing such tax on services performed by such
broker;''; in line 16, by striking ``1996 Supp.'' and inserting ``12-1693 and
12-1697 and K.S.A. 1996 Supp. 12-1692, 12-1696,'';
Also, on motion of Rep. Landwehr HB 2107 be amended on page 12, in
line 42, before the period by inserting ``, and all sales of tangible
personal property by or on behalf of such organization'';
On page 16, by striking all in lines 1 through 3;
By relettering subsections accordingly;
Also, on motion of Rep. Geringer to amend HB 2107, the motion did not
prevail.
Also, on motion of Rep. Bradley HB 2107 be amended on page 10, in
line 6, after ``accessories'' by inserting ``attached or'';
Also, on motion of Rep. Mays HB 2107 be amended on page 6, in line
34, after ``state'' by inserting ``or district described in subsection (s)'';
in line 35, before ``and'' by inserting ``or district''; in line 36, before
the period, by inserting ``or district''; in line 41, before the period by
inserting ``or any such district''; in line 43, after ``subdivision'' by
inserting ``or district'';
On page 7, in line 4, after the comma, by inserting ``district described in
subsection (s),''; in line 15, before ``hospital'' by inserting
``district,''; in line 28, before ``hospital'' by inserting ``district,'';
Also, roll call was demanded on motion of Rep. Weiland to amend HB
2107 on page 16, after line 27, by inserting two new sections to read as
follows:
``New Sec. 3. All sales of vehicles required to be registered under the
provisions of article 1 of chapter 8 of the Kansas Statutes Annotated, and
amendments thereto, the sale of which is subject to taxation under the Kansas
retailers' sales tax act, shall be exempt from city and countywide retailers'
sales taxes.
Sec. 4. K.S.A. 12-198 is hereby amended to read as follows: 12-198. (a) A
compensating use tax for the privilege of using or storing within a city or
county any vehicle which is required to be registered under the provisions of
article 1 of chapter 8 of the Kansas Statutes Annotated, and amendments
thereto, or any vessel, as defined by K.S.A. 82a-902 82a-802, and
amendments thereto, is hereby imposed by every city or county imposing a
retailers' sales tax. In the case of such vehicles, such tax shall be
collected by the county treasurer at the time the vehicle is registered in
this state following a sale occurring within or without this state.
Registration of such vehicle within a taxing jurisdiction shall be deemed to
constitute use or storage thereof for compensating tax purposes and the
residence or place of business of the applicant shall be deemed to be the
situs of such use or storage for purposes of the collection and distribution
thereof. The rate of any such tax shall be fixed at the same rate as such
city's or county's retailers' sales tax. Except as otherwise provided in
this section, any city or county imposing a compensating use tax is
prohibited from administering or collecting such tax locally, but shall
utilize the services of the state department of revenue to administer,
enforce and collect such tax. Such tax shall be identical in its application
and exemptions therefrom to the Kansas compensating tax, and all laws and
rules and regulations of the state department of revenue relating to the
Kansas compensating tax shall apply to such local compensating use tax
insofar as the same may be made applicable.
(b) The secretary of revenue is authorized to administer, enforce and
collect a city's or county's compensating use tax and to adopt such rules and
regulations necessary for the efficient and effective administration,
enforcement and collection thereof. The state director of taxation shall
cause such taxes to be collected within the boundaries of such taxing
subdivision at the same time and in the same manner provided for the
collection of the state compensating use tax. All moneys collected by the
director of taxation pursuant to the provisions of this section shall be
credited to the city and county compensating use tax fund, which fund is
hereby established in the state treasury. Any refund due on any city's or
county's compensating use tax collected pursuant to this section shall be
paid out of the sales tax refund fund and reimbursement to such fund shall be
made by the director of taxation from collections of local compensating use
tax revenue. All moneys collected pursuant to this section for a city or
county shall be remitted at least quarterly by the state treasurer to the
treasurer of such city or county.
March 11, 1997 397
(c) All revenue received by any county treasurer from a countywide
compensating use tax shall be apportioned among the county and each city
located in such county in the same manner as provided in K.S.A. 12-192, and
amendments thereto, for the apportionment of revenue received from a
countywide retailers' sales tax.'';
By renumbering existing sections accordingly;
Also, on page 16, in line 28, after ``K.S.A.'' by inserting ``12-198 and
K.S.A.'';
In the title, in line 14, after ``sales'' by inserting ``and compensating
use''; in line 15, after the semicolon, by inserting ``imposing a local
compensating use tax upon certain vehicles;''; in line 16, after ``K.S.A.''
by inserting ``12-198 and K.S.A.'';
On roll call, the vote was: Yeas 55; Nays 64; Present but not voting 0;
Absent or not voting 6.
Yeas: Alldritt, Aurand, Beggs, Boston, Burroughs, Compton, Dreher, Edmonds,
Faber, Feuerborn, Flaharty, Flower, Garner, Geringer, Gilbert, Grant,
Hayzlett, Henry, Hutchins, Jennison, Johnson, Johnston, Kejr, Larkin, Lloyd,
P. Long, Mason, McClure, McKechnie, McKinney, Minor, Mollenkamp, Morrison,
Neufeld, E. Peterson, Phelps, Powers, Presta, Reardon, Reinhardt, Samuelson,
Sawyer, Schwartz, Sharp, Shore, Showalter, Shriver, Spangler, Stone, Vickrey,
Weber, Weiland, Wells, Welshimer, Wempe.
Nays: Adkins, Allen, Ballard, Ballou, Benlon, Bradley, Campbell, Carmody,
Correll, Cox, Crow, Dahl, Dean, Empson, Farmer, Findley, Flora, Franklin,
Freeborn, Gilmore, Glasscock, Gregory, Haley, Helgerson, Henderson, Holmes,
Horst, Howell, Huff, Humerickhouse, Kirk, Klein, Phil Kline, Phill Kline,
Kuether, Landwehr, Lane, Mays, McCreary, Myers, Nichols, O'Connor, Osborne,
Palmer, Pauls, J. Peterson, Pottorff, Powell, Ray, Ruff, Shallenburger,
Shultz, Sloan, Storm, Swenson, Tanner, Thimesch, Toelkes, Tomlinson,
Toplikar, Vining, Wagle, Wilk, Wilson.
Present but not voting: None.
Absent or not voting: Dillon, Krehbiel, J. Long, Mayans, O'Neal, Packer.
The motion of Rep. Weiland did not prevail.
Also, on motion of Rep. Kirk HB 2107 be amended on page 16, after
line 27, by inserting three new sections to read as follows:
``Sec. 3. On and after October 16, 1997, K.S.A. 79-3634 is hereby amended
to read as follows: 79-3634. The right to file a claim for a refund under
K.S.A. 79-3620 and 79-3632 to 79-3639 shall be personal to the
claimant and shall not survive his or her death, but such right et
seq. may be exercised on behalf of a claimant by his or her legal
guardian, conservator or attorney-in-fact. When a claimant dies after having
filed a timely claim the amount thereof shall be disbursed to another member
of the household as determined by the director of taxation. If the claimant
was the only member of his or her household, the claim may be paid to his or
her executor or administrator, but if neither is appointed and qualified, the
amount of the claim may be paid upon a claim duly made to any heir at law. In
the absence of any such claim within two (2) years of the filing of the
claim, the amount of the claim shall escheat to the state. When a person
who would otherwise be entitled to file a claim under the provisions of this
act dies prior to filing such claim, another member of such person's
household may file such claim in the name of such decedent, subject to the
deadline prescribed by K.S.A. 79-4505, and amendments thereto, and the
director shall pay the amount to which the decedent would have been entitled
to such person filing the claim. If the decedent was the only member of his
or her household, the decedent's executor or administrator may file such
claim in the name of the decedent, and the claim shall be paid to said
executor or administrator. In the event that neither an executor or
administrator is appointed and qualified, such claim may be made by any heir
at law and the claim shall be payable to such heir at law. Any of the
foregoing provisions shall be applicable in any case where the decedent dies
in the calendar year preceding the year in which a claim may be made under
the provisions of this act, if such decedent was a resident of or domiciled
in this state during the entire part of such year that such decedent was
living. Where decedent's death occurs during the calendar year preceding the
year in which a claim may be made hereunder, the amount of the claim that
would have been allowable if the decedent had been a resident of or domiciled
in this state the entire calendar year of his or her death shall be reduced
in a proportionate amount equal to a fraction of the claim otherwise
allowable, the
398 JOURNAL OF THE HOUSE
numerator of which fraction is the number of months in such calendar year
following the month of decedent's death and the denominator of which is
12.
Sec. 4. On and after October 16, 1997, K.S.A. 79-3635 is hereby amended to
read as follows: 79-3635. (a) A claimant shall be entitled to a refund of
retailers' sales taxes paid upon food during the calendar year 1986
1997 and each year thereafter in the amount hereinafter provided.
For households having a household income of less than $5,000, a refund in the
amount of $40 $80 shall be allowed for the head of household and
a refund of $30 $60 shall be allowed for each additional member
of the household. For households having a household income of at least $5,000
but less than $10,000, a refund in the amount of $30 $60 shall be
allowed for the head of household and a refund of $25 $50 shall
be allowed for each additional member of the household. For households having
a household income of at least $10,000 but not more than $13,000
$15,000, a refund in the amount of $20 $40 shall be
allowed for the head of household and a refund of $15 $30 shall
be allowed for each additional member of the household. For households
having a household income of at least $15,000 but not more than $20,000, a
refund in the amount of $30 shall be allowed for the head of the household
and a refund of $20 shall be allowed for each additional member of the
household. For households having a household income of at least $20,000 but
not more than $25,000, a refund in the amount of $20 shall be allowed for the
head of household and a refund of $10 shall be allowed for each additional
member of the household. All such claims shall be paid from the sales tax
refund fund upon warrants of the director of accounts and reports pursuant to
vouchers approved by the director of taxation or by a person or persons
designated by the director, except that no warrant shall be drawn in an
amount less than $5.
(b) A head of household shall make application for refunds for all members
of the same household upon a common form provided for the making of joint
claims. All claims paid to members of the same household shall be paid as a
joint claim by means of a single warrant.
(c) No claim for a refund of taxes under the provisions of K.S.A.
79-3620 and 79-3632 to 79-3639 et seq. shall be paid or
allowed unless such claim is actually filed with and in the possession of the
department of revenue on or before October April 15 of the year
next succeeding the year in which said such taxes were paid. The
director of taxation may: (1) Extend the time for filing any claim under the
provisions of this act when good cause exists therefor; or (2) accept a claim
filed after the deadline for filing in the case of sickness, absence or
disability of the claimant if said claim has been filed within four (4)
years of said deadline.
Sec. 5. On and after October 16, 1997, K.S.A. 79-3634 and 79-3635 are
hereby repealed.'';
By renumbering existing sections accordingly;
In the title, in line 16, after ``K.S.A.'' by inserting ``79-3634 and
79-3635 and K.S.A.'';
Also, on motion of Rep. Benlon HB 2107 be amended on page 16, after
line 27, by inserting the following:
``New Sec. 3. (a) Upon application to the director of taxation upon forms
devised and provided therefor accompanied by any additional documentation
required by the director, a portion of the sales tax paid pursuant to the
purchase of a motor vehicle which replaces a motor vehicle sold at an
isolated or occasional sale occurring within 45 days prior or subsequent to
the date of such purchase shall be refunded. The amount of such refund shall
be equal to the gross receipts received from the sale of the replaced motor
vehicle multiplied by the applicable sales tax rate. All refunds shall be
paid from the sales tax refund fund upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the director.
(b) The provisions of this section shall be deemed to be supplemental to
the Kansas retailers' sales tax act.'';
By renumbering existing sections accordingly;
Also, on motion of Rep. J. Peterson HB 2107 be amended on page 16, in
line 17, by striking ``and''; in line 27, before the period by inserting ``;
and
(ccc) all sales of tangible personal property and services purchased by or
on behalf of the Kansas Academy of Science which is exempt from federal
income taxation pursuant to section 501 (c)(3) of the federal internal
revenue code of 1986'';
March 11, 1997 399
Also, on motion of Rep. Freeborn HB 2107 be amended on page 16, in
line 17, by striking ``and''; in line 27, before the period by inserting ``;
and
(ccc) all sales of tangible personal property and services purchased by or
on behalf of a not-for-profit corporation which is exempt from federal income
taxation pursuant to paragraphs (3) and (19) of subsection (c) of section 501
of the federal internal revenue code of 1986, for the sole purpose of making
all or any portion of a facility accessible to individuals with a disability.
As used in this subsection, ``facility'' and ``accessible to individuals with
a disability'' shall have the meaning ascribed thereto by K.S.A. 79-32,175,
and amendments thereto''; and HB 2107 be passed as amended.
REPORTS OF STANDING COMMITTEES
The Committee on Health and Human Services recommends SB 197,
as amended by Senate Committee of the Whole, be amended on page 6, in line
27, by striking ``(v)'' and inserting in lieu thereof ``(w)''; in line 41, by
striking ``two-to-one'' and inserting in lieu thereof ``one-to-one'';
On page 7, after line 1, by inserting the following:
``(4) This subsection (b) shall be effective on July 1, 1998.'';
On page 11, in line 9, by striking ``$50'' and inserting in lieu thereof
``$10''; and the bill be passed as amended.
The Committee on Health and Human Services recommends SB 201,
as amended by Senate Committee, be amended on page 6, in line 2, after the
period, by inserting the following: ``Nothing in this subsection shall be
construed to add any additional requirements for registration under the
pharmacy act of the state of Kansas or to prevent persons other than
pharmacists from engaging in drug utilization review.''; and the bill be
passed as amended.
COMMITTEE ASSIGNMENT CHANGES
In accordance with House Rule 1104, the following changes in House
Committee assignments are announced:
Rep. Wilk is withdrawn from Committee on Appropriations and appointed to
Committees on Governmental Organization and Elections, Judiciary and Tourism.
Rep. J. Peterson is withdrawn from Committees on Economic Development,
Taxation and Tourism and appointed to Committee on Appropriations.
Rep. Osborne is appointed to Committees on Economic Development, Taxation
and Tourism.
Rep. Powers is appointed Vice-chair of Committee on Governmental
Organization and Elections.
Rep. Tanner is withdrawn from Committee on Governmental Organization and
Elections and Committee on Insurance and appointed to Committee on Taxation.
Also, Rep. Tanner is appointed Vice-chairperson of Committee on Federal and
State Affairs to replace Rep. Cox.
Rep. Gregory is appointed to Committees on Financial Institutions,
Insurance and Taxation.
Rep. Cox is appointed Chairperson of Committee on Financial Institutions.
Also, in accordance with House Rule 1103, the Select Committee on
Corrections and Juvenile Justice is created:
Members appointed are: Rep. Kejr, Chair; Rep. Weber, Vice-chair; Reps.
Adkins, Howell and Phill Kline, and Reps. Garner, Ranking Minority Member;
Reps. Helgerson, McKechnie and Pauls. The charge for this committee will be
printed in the House Journal available tomorrow.
APPOINTMENT OF SELECT COMMITTEE
March 11, 1997
Ms. Janet E. Jones
Chief Clerk of the House
477-W Statehouse
400 JOURNAL OF THE HOUSE
Dear Ms. Jones:
In accordance with Rule 1103 of the Rules of the House of Representatives,
I have established a Select Committee on Corrections and Juvenile Justice and
have appointed the following Representatives to the Select Committee:
Rep. Kejr, Chairperson; Rep. Weber, Vice-Chair; Reps. Adkins, Howell and
Phill Kline.
Also, Rep. Garner, Ranking Minority; Reps. Helgerson, McKechnie and Pauls.
The Select Committee on Corrections and Juvenile Justice is charged with
making a legislative inquiry, study and investigation of:
(1) The capital improvement projects proposed by the governor for the
department of corrections for fiscal year 1997 and ensuing fiscal years and
the rationale for such projects;
(2) the alternatives to the construction of additional state correctional
facilities for the incarceration of adults, specifically including less
expensive alternatives to incarceration in state correctional facilities such
as utilizing methods of diversion and alternative forms of confinement and
utilizing expanded community corrections programs and facilities;
(3) the operations of the juvenile justice authority and the transition of
jurisdiction over juvenile offenders and state juvenile offender programs and
institutions from the department of social and rehabilitations to the
juvenile justice authority;
(4) review and consider recommendations of the Appropriations Subcommittee
on Public Safety report on the Department of Corrections and Institutions for
FY 1997 and FY 1998.
In accordance with the provisions of subsection (b) (1) of K.S.A. 46-1104,
I have authorized the Select Committee on Corrections and Juvenile Justice to
exercise the powers of compulsory process in connection with the above-stated
subjects of inquiry, study and investigation, in accordance with the
provisions of K.S.A. 46-1001 through 46-1017.
The Select Committee on Corrections and Juvenile Justice is to make a
report with the recommendations, including any recommended legislation
resulting from the select committee's activities to the legislature during
the 1997 regular session prior to adjournment sine die.
Sincerely,
Tim Shallenburger
Speaker of the HouseREFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
Speaker Shallenburger announced that HB 2520, appearing on the Calendar
as ``to be referred'' is referred to the Select Committee on Corrections and
Juvenile Justice.
REPORT ON ENGROSSED BILLSHB 2105 reported correctly engrossed March 6, 1997.
HB 2159 reported correctly engrossed March 10, 1997.
On motion of Rep. Jennison, the House adjourned until 11:00 a.m., Wednesday,
March 12, 1997.
CHARLENE SWANSON, Journal Clerk.
JANET E. JONES, Chief Clerk.
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